Primer on Reaffirmation Agreements

Every Chapter 7 case with a car loan presents a reaffirmation dilemma. Should the client reaffirm? Should you certify “no hardship”? What happens if the judge rejects the agreement?

Dallas bankruptcy judge Stacey Jernigan laid out a primer for attorneys on how it’s done and what judges in her district expect from bankruptcy practitioners in a decisions in a case called Grisham, filed 9/10/2010. It’s well worth reading.